Cerebral palsy. Erb's palsy. Hypoxic-ischemic encephalopathy. Shoulder dystocia. Failure to perform a timely C-section. Birth injuries can result from fetal monitoring errors, delayed delivery decisions, or improper instrument use. New York gives a child until age 10 (or 2.5 years past 18 in some cases) to file — but evidence preservation needs to happen NOW.
Madison Law Firm PLLC · 579 5th Ave, 2nd Floor, New York, NY 10017
Complete labor and delivery records, fetal heart monitor strips, anesthesia records, neonatal ICU records, placenta pathology, cord-blood gas results, MRI/CT imaging. We send preservation letters within days.
Birth-injury cases involve life-care plans (lifetime medical care, special education, assistive technology). Damages projections can exceed $10M. Hospital carriers handle these specially.
Birth-injury trials are expert-intensive: maternal-fetal medicine, pediatric neurology, neuroradiology, life-care planning, vocational rehab, economics. We coordinate with med-mal trial co-counsel.
Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.
NY infancy tolling under state law 208 extends the medical-malpractice filing deadline for an injured infant. The 2.filing deadline of state law 214-a doesn't begin to run during infancy. The practical filing deadline for a birth-injury claim filed in the child's name is up to 10 years from the malpractice, depending on the cause of action. The parent's derivative loss-of-services claim follows the normal 2.filing deadline.
If a birth injury was diagnosed late or misdiagnosed (e.g., HIE classified as something else), (effective 2018) can extend the filing deadline based on the discovery date, capped at 7 years from the malpractice.
NYC Health + Hospitals (HHC) hospitals — Bellevue, Elmhurst, Kings County, Jacobi, Metropolitan, etc. — require a special notice rules. The parent (as natural guardian) files for the injured infant. Call us immediately if the delivery was at an HHC facility.
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